Sec.42-110b-31. Refusal to serve customer

(a) As used in this section:

(1) "Energy goods" means any fuel used for the purpose of providing heat or hot water to residential dwelling units, including, but not limited to home heating oil, propane, kerosene, coal and wood;

(2) "Vendor" means a retail seller of energy goods;

(3) "Established delivery area" means the geographic area in Connecticut, the perimeter of which is determined by the vendor's most distant customer in each direction;

(4) "Cash" means legal tender, certified or cashier's check, commercial money order, or their equivalent, or guaranteed payment on behalf of the person by a government or community action agency.

(b) Except as provided in the Regulations of Connecticut State Agencies promulgated pursuant to Sections 29-329 and 29-331 of the Connecticut General Statutes it shall be an unfair act or practice in violation of Connecticut General Statutes, Section 42-110b (a) for a vendor to:

(1) Refuse to sell energy goods within its established delivery area to any person who is able and willing to pay cash, irrespective of: (A) the status of the person's credit history; or (B) whether the person is an established or new customer of the vendor or has previously purchased energy goods from the vendor;

(2) Refuse to sell, on the same terms and conditions as other cash customers, energy goods within its established delivery area to any person who is able and willing to pay cash;

(3) Enter into an agreement or understanding with a property owner or managing agent that binds or influences current or prospective tenants to purchase energy goods from that vendor or creates an incentive for the property owner or managing agent to bind or influence current or prospective tenants to purchase energy goods from that vendor.

(c) Nothing in this section shall be construed to require a vendor to sell or deliver energy goods to a customer who currently owes an outstanding balance to that vendor for a past sale of energy goods.

(d) Nothing in this section shall be construed to require a vendor to sell a proportionately larger share or allocation to a new cash customer than the share or allocation such vendor is providing to other customers if such vendor has inadequate supply to meet all customer needs, so long as any person entitled to purchase energy goods pursuant to this regulation is not discriminated against in any way by any such allocation plan or practice.

(Effective June 23, 1992)